Articles

Reform 3/2009 to the Spanish Insolvency Law

In Spain, the Insolvency Law 22/2003 underwent recent reform with Royal Decree Law 3/2009 (March 27), responding to the global economic crisis. Originally enacted during economic prosperity, the law’s deficiencies over six years prompted modifications in the reform.

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Steps when buying a property in Spain

The great variety of landscapes, excellent weather conditions, captivating history, delicious gastronomic offer and enthusiastic inhabits push more and more foreign citizens to not only spend their summer but furthermore buying a property in Spain. It is always advisable to rely on experienced Spanish lawyers to guarantee the success of the purchase.

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International Purchases. The questions of which law applies?

In international transactions, a common concern is determining the applicable law for a sales contract involving parties from different countries. Unfortunately, many international agreements lack a crucial element known as a choice of law provision. The absence of this clause can lead to unforeseen complications, particularly in the realm of debt collection, causing challenges for both parties.

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Rules and regulatins

The regulation in defence of competition in Spain

Spain’s competition defense is governed by Law 15/2007, enacted on July 3, which revamped the system and created the National Commission of Competition. Effective from September 1, 2007, the law emphasizes procedural aspects, especially the Clemency Program, providing exemption and fine reduction for companies collaborating against cartels.

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Amendments to the Unfair Competiton Act in Spain and its influence on other legislation

Act No 29/09 integrates EU Directive 2005/29/EC on unfair commercial practices and Directive 2006/114/EC on deceptive and comparative advertising into Spanish law. This incorporation, effective since January 2010, brings substantial changes to the Unfair Competition Act, General Advertising Act, Consumer Protection Act, and other related legislation, including the Retail Trade Organization Act.

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Bankruptcy proceedings and their possible effect on prior leveraged buy-out operations in Spain

In recent years, Spain has witnessed a surge in leveraged buy-outs (LBOs), where a majority share of a target company is acquired using loans guaranteed by its assets or repaid through its cash flows. In some cases, the acquisition cost is deferred and paid by the target company itself, often through a merger with a special purpose vehicle created by the investor. This strategy shifts the burden of the acquisition cost to the target company.

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Vasijas-compraventa-mercaderías

International Contracts: Examining and Claiming Defective Products

This article will provide a practical analysis regarding the possibility of claiming defects in goods acquired through international sales contracts. Before developing these issues, first is an examination of the …

Labour Reform in Spain through Royal Decree-Law 10/2010

On June 16, the Government of Spain passed Royal Decree-Law 10/2010, with urgent measures for reforming the labour market. This is a reform that has been developing over the last …

Inversión internacional en españa

Prevention and resolution of disputes in international trade

We are currently in an economic stage of globalization and the internationalization of trade relations. Within this period, the increasing complexity of transactions and the current economic crisis are contributing …

contrato de trabajo en españa

Seizure or attachment of assets in Spain

Asset seizure, or attachment, is a process that enables creditors to collect from delinquent debtors by looking to their assets, including property, goods, and/or earnings. There are two principal types …